RULE: 1.5 - ALTERNATE/SUBSTITUTION SERVICE & IMPRACTICAL OPERATIONS Eff: 04SEP2013
| Effective | 04SEP2013 |
|---|---|
| Filed | 04SEP2013 |
| Filing Codes | IC |
a. Carrier expressly reserves the right, at its sole
discretion, for any reason whatsoever and without
notice, to transfer cargo in its possession from 1 (one)
container to another, to transship cargo from 1 (one)
vessel to another and/or to substitute 1 (one) mode of
transportation for another at any point in, or for any
portion of, the through transportation service provided
by the Carrier. Any such transfer, transshipment,
movement or substitution shall be deemed to be within
the contract of affreightment and shall NOT be
considered a deviation therefrom.
b. Alternate or Substituted Service between Ports:
Caribtran Logistics, LLC reserves the right to transport
cargo to alternate or substitute ports of service by
trucking, rail, or any other means of transportation
deemed appropriate by the Carrier, within the range of
ports serviced by Caribtran Logistics, LLC. Except
as otherwise provided below, such substituted service or
transfer arrangements shall NOT result either directly
or indirectly in any lessening or increasing of the cost
or expense which the Shipper would have borne had the
cargo moved from, to or through the port(s) originally
intended.
c. When rates differentiated ONLY by the transportation route utilized
are named in NRAs and Rate TLIs named in Tariffs governed by this
Tariff and Carrier, pursuant to the provisions of paragraph a. above,
forwards cargo to destination via alternate or substituted port
service, freight charges shall be assessed based on the
transportation route selected by the Shipper or Consignee, or the
freight charges applicable via the actual route of movement, whichever
is lower.
d. Nothing in this Tariff shall be construed as requiring
Caribtran Logistics, LLC to transport cargo or
furnish service for which is does not have, or cannot
obtain, suitable or sufficient transporting containers
or equipment, nor to accept cargo when underlying
vessel-operating-common-carrier or inland carrier
services are NOT available. Further nothing in this
Tariff shall be construed as creating any obligation for
Caribtran Logistics, LLC to institute or maintain
any service from or to any port or point where it is
impractical, unsafe or unlawful to operate
transportation services or if strikes, labor
disturbances, civil commotion, military actions, or
riots are occurring at the time shipment is tendered or
delivered.
e. FORCE MAJEURE CLAUSE: "Without prejudice to any rights
or privileges of the Carrier under covering Bills of
Lading, Dock Receipts, or Booking Contracts under
applicable provisions of law, in the event of war,
hostilities, warlike operations, embargoes, blockages,
port congestion, strikes or labor disturbances,
regulations of any governmental authority pertaining
thereto or any other official interferences with
commercial intercourse arising from the above conditions
and affecting the Carrier's operations, the Carrier
reserves the right to cancel any outstanding booking or
contract in conformity with Federal Maritime Regulations
and the Shipping Act of 1984.
